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The following RMA Policies and Conditions (collectively, “RMA Policies”) apply to any returned Product. Except as otherwise expressly indicated in this document or as separately agreed to in writing, this transaction is subject exclusively to ProSoft's General Terms & Conditions of Sale. In the event of any inconsistency between the RMA Policy and the Warranty, the Warranty shall govern. For details on Product Warranty, please see ProSoft’s Terms and Conditions of Sale on the product DVD or on our website at www.prosoft-technology.com. Sales and services outside of the U.S. may be subject to separate or supplemental terms and conditions of sale. For further information, please consult your nearest ProSoft Technology sales office.

1) All Product Returns:

a) In the event that the Customer experiences a problem with the Product for any reason, Customer must contact ProSoft Technical Support at one of the telephone numbers listed above in Section A to obtain approval for issuance of a Return Material Authorization (RMA) number. A Technical Support Engineer will request that you perform several tests in an attempt to isolate the problem. If after completing these tests, the Product is found to be the source of the problem, ProSoft will issue an RMA number. If the product is not shipped within 60 days of the issue of the RMA number, the RMA will be closed.

b) All returned Products must be shipped freight prepaid, in the original shipping container or equivalent, to the location specified by ProSoft. The RMA number is to be prominently marked on the outside of the shipping box and on the shipping documents. Customer agrees to comply with ProSoft shipping instructions and insure the Product or assume the risk of loss or damage in transit. Products shipped to ProSoft using a shipment method other than that specified by ProSoft, or shipped without an RMA number will be returned to the Customer, freight collect. Costs in connection with or as a result of defective or nonconforming Products, including cost to transport the Products from Buyer to ProSoft and return shipment to Buyer, will be borne by ProSoft.

c) Credit and exchanges for most products will be allowed within 6 months from the date of shipment. A 20% restocking fee applies to all approved credit returns whereby a Customer has an application change, ordered too many, does not need or has overstocked. Products returned for credit as a result of this subparagraph require that all products are unopened and the original factory seal is intact. Wireless accessories cannot be returned for credit.

d) If customized products are returned, supplementary terms and conditions will apply and take precedence over this document.

2) Procedures for Return of Units Under Warranty:

a) Firmware will be updated to the latest version prior to analysis and/or repair. An Evaluation Report will accompany all repaired/returned units detailing what was repaired or replaced. In-Warranty returns will be repaired and returned to the customer within 4 weeks. This timeline is defined as “from receipt of product at ProSoft’s designated repair location to reshipment date.”

i) The unit being returned should be returned in the original packaging or equivalent. If after evaluating the product it is deemed to be unrepairable due to manufacturing defect, a replacement unit, either remanufactured or new, will be sent.

ii) If a unit under warranty fails within the first 90 days of shipment, a new PO is required and a new unit will be provided. Credit will be issued for the full price of the returned product.

iii) A purchase order is not required to return a defective unit for repair. ProSoft will perform a pre-repair evaluation, the results will determine: Freight, duties and taxes (if applicable) will be charged to Customer for return of the unit.

(1) MANUFACTURING DEFECT: Unit repaired or replaced and returned to ship to address provided via email or fax.

(2) USER FAULT: Warranty is voided. Customer has two options:

(a) Repair the unit at the customer’s expense. A purchase order or credit card is required for repair fees and shipping costs. Repair fees will be the higher of 30% of the current list price or $500.00 (USD).

(b) Return the unit unrepaired, customer is responsible for shipping costs. No credit will be issued.

(3) NO FAULT FOUND: Customer will be notified and no credit will be issued. Unit can be returned to customer provided that a ship to address and an account number for specified freight company is supplied within 90 days of notification. If shipping information is not supplied within 90 days the product will be scrapped.

iv) ProSoft will attempt to repair or replace Discontinued Products and will be based on availability of components needed to repair the unit(s) or availability of replacement products.

b) Emergency Replacement(s) will be available for “plant down” situations.

i) A new Distributor PO will be required for an emergency replacement at the original sale price.

ii) The replacement unit will be either a remanufactured or a new unit. The warranty period on replaced item(s) will be the remaining warranty period of the original unit or 90 days from date of shipment, whichever is longer.

iii) Credit will be issued after the defective unit is received by ProSoft and it is determined that the failure is not due to user fault. If failure is a result of user fault, customer will be contacted and no credit will be issued.

a) Customer sends unit in for evaluation to location specified by ProSoft, freight prepaid and insured or assume risk of loss.

b) Firmware will be updated to the latest version prior to analysis and/or repair. Customer will be notified of units’ condition. A written Evaluation Report will accompany all repaired/returned units detailing what was repaired or replaced.

c) If customer chooses to repair the defective unit, a purchase order will be required. The charge to Customer will be the higher of 30% of current list price (USD) or $500.00, plus freight charges, duties and taxes as applicable. The warranty on repaired units is 90 days from date of shipment.

d) If no fault is found or the returned unit cannot be repaired, the unit can be returned to customer provided that a ship to address and an account number for customer’s specified freight company is supplied within 90 days of notification. If shipping information is not supplied within 90 days the product will be scrapped.

e) ProSoft will attempt to repair Discontinued Products and will be based on availability of components needed to repair the unit(s).